FDA celebrity ban: Supreme Court defers judgement indefinitely

FDA celebrity ban: Supreme Court defers judgement indefinitely

The Supreme Court has deferred its judgement in a case involving Mark Darlington and the Food and Drugs Authority (FDA).

The FDA in a directive barred the use of celebrities in advertising for alcoholic beverages.

This according to the Authority was to protect minors from being influenced by celebrities into alcoholism.

However, the Manager of UK-based music duo Reggie N Bollie, Mark Darlington in 2022 filed a suit against the FDA, describing the 2015 regulations as discriminatory against the creative arts industry.

Mr.Darlington, who is the Chairman and Co-Founder of Ghana Music Alliance, says the FDA directive which ordered that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

Articles 17(1) and 17 (2) of the 1992 Constitution guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.

A seven-member panel presided over by Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo in January 2024, set April 10 to deliver its judgement, however it was later adjourned to May 8.

On Wednesday, May 8, 2024, a clerk of the Supreme Court announced in court that the case had been adjourned without a date, adding that the parties would be served with a hearing notice later.

By Edem Mensah-Tsotorme

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